How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102143
Experience:  Fully licensed attorney in Texas in private practice.
Type Your Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

If i take a DNA test and it proves that my deceased brother

Customer Question

If i take a DNA test and it proves that my deceased brother is the father of an indive
JA: Estate laws vary by state. What state are you in?
Customer: Va
JA: What documents or supporting evidence do you have?
Customer: Let me start over.....I just want to know if a person can sue me/estate if its proved that my deceased brother is his father
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes mY mother left me everthing since my brother died before she did. And i want to know if its proven through a DNA test that my brother is in fact the father can this person sue my estate.
Submitted: 10 months ago.
Category: Estate Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is no. But of course, it gets more complicated.

Family members are not liable for the debts of the deceased individual, with the exception of spouses in some states and in some circumstances. You are not the spouse, so this would not apply to someone in your situation.

However, the creditor can trace the assets of the estate from the deceased individual and attach these assets to fulfill a civil judgment - if they get one through the court, and if they attempt to trace assets in the first place. With things like titled assets, this is easier. However with items that do not have titles such as furniture, jewelry, etc, this is not.

In addition, if the family members file probate formally for the estate of the deceased individual and give creditors proper notice, then whatever assets were formally transferred to the heirs under probate before the creditors can bring their claim can generally no longer be attached.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.